2001 (7) TMI 192

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.... Chapter Heading No. 8504 of the Schedule to the CETA, 1985. They are also availing Modvat credit on inputs in terms of Rule 57A of the Central Excise Rules, 1944. During the period from Feb., 1997 to July, 1997, they removed certain inputs viz., CRGO, Copper rods, paper boards, etoxy bushings, automatic voltage regulator and relay etc. to their job workers under Rule 57F(4). In terms of the provi....

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....ds sent out to the job workers, but have received the goods back after 60 days time and they applied for such extension only after the lapse of the stipulated 60 days period. Accordingly, the Asstt. Commissioner denied them the Modvat credit of Rs. 1,01,163/- and further imposed a penalty of Rs. 10,000/-. 2. On appeal, the Commissioner (Appeals), Bhopal vide his Order dated 13-12-2000 rejected ....

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....e party for the Modvat credit cannot be taken away for mere infraction of the procedural provisions. The ld. JDR for the Revenue reiterated the findings arrived at by both the lower authorities in their respective orders. 4. I have carefully considered the submissions made before me. As rightly contended by the ld. Consultant for the appellants, in this case it is not in dispute that the goods ....